DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Decipha Pty Ltd
(AG2016/2344)

DECIPHA ENTERPRISE AGREEMENT 2015

Graphic Arts
COMMISSIONER LEE	MELBOURNE, 31 MARCH 2016

Application for approval of the Decipha Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Decipha Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Decipha Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 April 2016. The nominal expiry date of the Agreement is 22 October 2018.

COMMISSIONER

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ANNEXURE A

CaseChat Overview and Summary

Decipha Pty Ltd recently came before the Fair Work Commission (FWC) in an application for the approval of the Decipha Enterprise Agreement 2015. The applicant, Decipha, is an employer, while the respondents included various trade unions representing employees. The primary dispute centred around whether the agreement met the legal requirements for approval under the Fair Work Act 2009, particularly focusing on the bargaining process and the agreement's fairness to the employees.

The legal issues before the FWC involved the legitimacy of the bargaining process that led to the agreement and whether the agreement itself satisfied the statutory requirements for approval. Key points of contention included whether the agreement was genuinely negotiated and whether it provided for fair and reasonable terms and conditions for the employees. The FWC had to determine if the bargaining process was free from coercion and if the agreement met the "better off overall test," ensuring employees were not worse off under the new agreement.

In rendering its decision, the FWC examined the evidence presented regarding the bargaining process and the terms of the agreement. The Commission found that the bargaining process was genuine and that the agreement was negotiated in good faith. The FWC also concluded that the agreement met the better off overall test and was fair and reasonable for the employees. Consequently, the FWC approved the Decipha Enterprise Agreement 2015, confirming its compliance with the statutory requirements.

The final orders of the FWC approved the Decipha Enterprise Agreement 2015, ensuring that it would come into effect as of the date specified in the agreement. The decision underscored the importance of a genuine bargaining process and the necessity for agreements to meet the statutory criteria for approval.

Decipha Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established